On December 12, 2014, an Illinois federal judge found Dish Network LLC liable for participating in millions of unwanted telemarketing sales calls, where Dish Network could be subject to penalties exceeding $1 billion. Specifically, the District Court for the Central District of Illinois issued an opinion in United States of America v. Dish Network LLC
CFPB Sues Texas Company Offering Sham Credit Card
On December 17, 2014, the Consumer Financial Protection Bureau (CFPB) sued Union Workers Credit Services, a Dallas-based company that allegedly deceived consumers into purchasing a sham credit card with a membership fee. The CFPB’s complaint charges the company with falsely advertising a general-use credit card that, in actuality, could only be used to buy products
CFPB’s Report on College Credit Card Agreements Shows 70% Decline from 2009
On December 15, the Consumer Financial Protection Bureau published its annual report on joint credit card agreements between colleges and financial institutions. The report showed a nearly seventy percent (70%) decline in the number of agreements since Congress passed new disclosure requirements in 2009. In 2009, Congress passed the Credit Card Accountability, Responsibility, and Disclosure
Troutman Partner to Co-Chair ACI Cyber Security & Data Privacy Conference
On January 15-16, 2015, the American Conference Institute (ACI) will host the 15th installment of the acclaimed Global Legal & Compliance Forum on Cyber Security & Data Privacy and Protection at the Washington Plaza Hotel in Washington, D.C. This is a premier event for privacy officers, in-house counsel, senior executives, and outside attorneys specializing
Illinois Federal Court Dismisses Data Breach Lawsuit against P.F. Chang’s For Lack of Damages
On December 11, 2014, the U.S. District Court for the Northern District of Illinois dismissed a proposed class action over a June 2014 data breach at P.F. Chang’s China Bistro, finding that no actual harm had been alleged. The court tossed a pair of consolidated complaints claiming that the restaurant chain failed to properly safeguard
Ohio Court Holds That Cell Phone Subscriber Who Never Received Unwanted Call Has Standing to Sue Under the TCPA
In the latest of a series of “whodunit” cases, the United States District Court for the Southern District of Ohio held that a subscriber who did not answer a single call that allegedly violated the Telephone Consumer Protection Act still had standing to sue under the statute. In Maraan v. Dish Network LLC (Civil Action
CFPB Requires Major Credit Reporting Agencies to Inform on Furnishers
On December 11, 2014, the Consumer Financial Protection Bureau (CFPB) issued a report and announced that it will be requiring major credit reporting agencies (CRAs) to provide regular reports to the CFPB identifying, by name, potentially problematic furnishers of information. In other words, the CFPB will be co-opting the major CRAs into helping the CFPB
West Virginia Attorney General Files Suit Over Alleged Deceptive Credit Card Practices
On December 4, 2014, West Virginia Attorney General Patrick Morrisey filed suit in Ohio County Circuit Court against a local businessman and his Wheeling, West Virginia businesses, alleging that they violated the Consumer Credit and Protection Act, the Safe Mortgage Licensure Act; and the Mortgage Lender, Broker and Servicer Act. A copy of the complaint
New York Federal Court Denies Injunction Barring Credit Card Processing Fee Payments
On November 25, the United States District Court for the Eastern District of New York denied a plaintiff’s motion for a preliminary injunction barring U.S. Alliance Group (“USAG”) from paying “residual” credit card fee payments to one of its competitors, CardFlex. In 2008, CardFlex – an independent sales organization that processes credit card transactions –
Texas AG Resolves Enforcement Action Against Company Charging Monthly Fees for “Free” Credit Scores
On the heels of a $22 million settlement in an enforcement action brought by the Federal Trade Commission, Texas Attorney General Greg Abbott recently announced his office’s resolution of an enforcement action against the same group of Dallas-based technology firms that falsely claimed to offer individuals “free” credit scores. The firms named as defendants were: